Content Summary
Changing the head office of a foreign-invested company is often associated with the change of the location for execution of the investment project. When a foreign-invested company wants to change its head office, it is necessary to carry out the procedures for changing the Investment Registration Certificate and the Enterprise Registration Certificate.
Before carrying out this procedure, a foreign- invested company needs to check:
- Whether the proposed location is allowed to place the head office
- Whether the locality where the new head office is located accepts the business lines of company and local tax incentives (in case of changing the head office to another province/city)
- In case the company only changes its head office but does not change the location for execution project, the company only needs to change the Enterprise Registration Certificate
- Unlike Vietnamese- owned companies, foreign-invested companies are managed by the Tax Department. Therefore, when a foreign- invested company needs to change its headquarters to another district, it does not have to confirm the tax obligation
The application for changing headquarters of foreign- invested company
- 02 notarized copies of Investment Registration Certificate/ Enterprise Registration Certificate;
- A report on investment project’s progress by the time of adjustment;
- 01 notarized copy of the audited financial statement of the year closest to the time of adjustment;
- Bank confirmation letter for capital account proving that the company has contributed full amount of capital (if the financial statements do not show that the company has fully contributed capital);
- Documents about the headquarters include: Head office lease contract, notarized copy of documents proving the lessor’s right to lease (Certificate of land use right, Construction permit, enterprise registration certificate with real estate business lines or equivalent documents).
Note:
- The headquarters of a foreign-invested company cannot be an apartment building or a dormitory
- The location for implementing projects of manufacturing companies must be a workshop which meets the regulations on environment, fire prevention and fighting. In addition, the lessors must satisfy the conditions to lease the workshop. For example, they have the function of trading in real estate and leasing redundant factories as shown on the Enterprise Registration Certificate and the Certificate of Land Use Right
Procedure for changing headquarters of foreign- invested company
- Step 1: Carry out tax finalization procedures in case the project location is moved from another province/ city.
- Step 2: Changing Enterprise Registration Certificate
- Step 3: Re-issue the legal entity seal with new information (In case the company has not yet issued a change of seal according to the new regulations or the seal specified the district of old headquarters).
- Step 4: Register to adjust the Investment Registration Certificate (if the head office address is also the location of the investment project).
AZLAW’s service to change the head office of a foreign-invested company:
- Consulting the conditions and legal issues arising when changing the head office of a foreign-invested company
- Consulting the conditions and documents which the lessor needs to provide to register a new office, the conditions for manufacturing company to rent the premises to place project location before it pay deposit or pay fee for renting the workshop or office;
- Consulting and preparing documents to apply for the change of head office and project location of foreign-invested companies
- Carrying out procedures with competent authority to change the headquarters on behalf of customers
- Consulting legal issues arising after changing the company’s headquarters;
- Guiding customers to issue invoices when changing company’s headquarters;
Any problems arising when changing the headquarters, please contact AZLAW for detailed advice.
